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Can a Child Whose Parents Are Not in New York Go To School Here?

So you have relatives from a different state, or a different country, who want the child to go to a school in New York and live with you. Or, you may be in a situation where such child is already living with you, but they have trouble getting into a school. This post will analyze whether this is a situation which can be resolved in your favor.

If a child lives in another country, immigration can be a big issue. The United States does not issue foreign student visas to children entering the United States of America to attend primary or elementary school. Student visas are only issued starting from High-School age, and is limited to 12 months. Furthermore, public schools are not free for foreign students – they must pay for it.

Presuming that you have overcome the immigration hurdle, there are few more issues to resolve. First, most schools would not admit a child without a parent or legal guardian in the district. American schooling is not considered to be a valid reason to obtain a guardianship in New York. A Parental Designation may be a solution – New York General Obligations Law, Article 5, Sections 1551-55 allow a parent to designate you as a person in parental relation.

Second, a public school will usually not let in a student whose parents do not reside in its school district – that issue may or may not be overcome by the parental designation discussed above.

If you need assistance with a similar scenario, contact the Law Offices of Albert Gurevich at (212) 233-1233.